UK Company Supply Chains

Ian Lavery Excerpts

Tuesday 16th December 2014 Westminster Hall

[Ian Lavery (Wansbeck) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Crausby.

This issue—human rights abuses in the UK supply chain—is an extremely live one. Whether it is the children of the Colombian coalfields, abuse in the sweatshop economies in Bangladesh, the exploitation of the workers in India in relation to the blood bricks, or the migrant workers in Qatar working in construction in the most inhumane of conditions, and whether it is British American Tobacco, BHP Billiton, Rio Tinto, Glencore or many other multinationals, it is essential that everyone works together within the supply chain authorities to eradicate violations of human rights, from one end of the chain to the other.

We have an absolute moral duty to tackle and stamp out legally the human rights abuses that we see on an almost daily basis. They take many forms. We see women forced into prostitution, and children, men and often entire families forced to work in agriculture, domestic work, factories or sweatshops producing goods for global supply chains. As I say, this abuse needs to be stamped out.

In recent years, the extent of human rights abuses in the overseas supply chains of UK companies has come to light in a way that has emphasised the urgency around tackling modern slavery. At this early stage of the debate, I want to place on the record my thanks to Unite the union for its outstanding work on such issues. Had it not been for Unite, my hon. Friend the Member for Paisley and Renfrewshire North (Jim Sheridan) and I would not have joined the fact-finding trip to the tobacco fields of North Carolina, which I will now discuss.

My hon. Friend and I were invited as part of a delegation to North Carolina by the American farm workers’ union, the Farm Labor Organizing Committee. We had the opportunity to witness at first hand some of the many human rights abuses endured by tobacco industry workers in the fields of America. We heard disturbing stories of what is essentially daily life for them—instances of child labour, sexual exploitation of women and human trafficking. It was a world away from what we would expect in a developed country and the so-called “land of the free”, which is one of the richest nations in the world.

The working conditions that we saw were absolutely atrocious, with unbelievably long hours of manual labour in unbearable heat; squalid living conditions, which mean workers have a lower quality of life than inmates in UK prisons; and employers showing a total disregard for basic health and safety regulations by not providing gloves to workers picking tobacco plants, so that their skin is exposed to the toxic nicotine, which meant that many of them develop green tobacco sickness, an affliction with symptoms including nausea, intense headaches, vomiting and insomnia.

We visited about five farms. We also met many people working in the tobacco fields; men, women and even children. I have to say that it was quite harrowing. We listened to the testimonies of many people who were working in the fields. I will take just a little time this morning to outline what some of these people had to say. They were workers who were being exploited in the tobacco fields.

There was Hector, aged 49, who was from Wilson county. He said:

“I had an accident and the farmer didn’t take responsibility. I don’t agree with that…they made me suffer there in the field. I was working the tobacco and a harvesting machine cut off part of my finger. The farmer told me that someone was going to take me”—

to the hospital—

“but the hours went by and I couldn’t tell if he was telling me straight and there I was with my finger bleeding all the while.”

We visited Hector where he lived and at that time his hand was bandaged but he still had not been seen by anyone, days after the accident. At the same time, he was not being paid any wages, even though the accident was because of the negligence of his employer in the tobacco field. Many people were scared to speak out, in case there was retaliation by their employer; that is a huge issue in many of the places that I have mentioned.

There was also Sandra, who is only 13 and from Wayne county. She said:

“I started working in tobacco when I was seven. I work in tobacco because I’m thinking of my future. I want to go to college. My parents have a hard time paying for high school…and I have younger brothers and sisters that want to go to college, too. It’s important for me to work to help my parents, but there are many problems.”

There was Lorenzo, who was 26 and from Nash county. He said:

“If you have a contract”—

commonly known as an H2A visa—

“they treat you differently, but for us they lower the weekly wage. There’s no bathroom and if there is, you can’t use them; you can’t even go in because they are so dirty, and they don’t clean them.”

He said that when the inspectors come around the employers

“bring the bathrooms”—

that is, the portable bathrooms—

“and clean, too, but the inspectors leave and nothing changes”.

So the employers change things when the inspectors arrive to make them look an awful lot better than the dismal situation that workers usually face.

We visited some of these camps and saw some of these toilets. Can you imagine the squalid conditions that these people are living in? I said that those conditions were worse than those in UK prisons. However, to say that is a bit of a nonsense; you would not keep hens on an allotment in places such as those where these human beings reside, seven days a week and 24 hours a day. They were ashamed of the conditions themselves. And to see the toilets, one after another without any privacy shields between them for example, not cleaned for months on end—what sort of way is that to treat ordinary human beings?

We spoke to Gloria, who was 23 and from Duplin county. She said:

“Women with children have it harder. We have no support. If you go out with the contractor, in every way you get treated better. If you go out with him, you’ll get a lot of hours in the good jobs and if you don’t, your pay will suffer. We have to take care of our children! All I ask is that women get treated equally as men in the fields.”

Just for clarification, when she said that women have to “go out” with the contractor, that is what she means—women must give the contractor sexual favours to ensure that they get equality in employment with the men in the tobacco fields. It is an absolute disgrace that that is continuing in what is, I must add, the land of milk and honey.

There was also Maria, who was 26 and from Greene county. She said:

“We get pesticides sprayed near us when we work and we don’t know what they are. This season—”

the 2014 season—

“I got sick from the chemicals and one day I was sick in the bathroom and the supervisor came and told me I had to get back to work. When I couldn’t, he told me he didn’t need me anymore and that was my last day working there.”

Those are a few of the testimonies we heard.

There was also the case, which has become well-known now in North Carolina, of a chap who was feeling pretty poorly after working in the 110° or 120° temperatures in the tobacco fields. The farmer said, “Well, you cannot leave: this is your job,” and sent him to sit under a tree in the shadows in the hope that he would recover. At the end of the day, everybody went home and did not realise that this chap had not come back to the camp with them. They were not too concerned, but as the days went on they realised that this chap had not come back and were slightly worried. So they decided to go back and look, following his traces from where he was in the tobacco field to the tree under which he was supposed to recover, only to find that his corpse was still sitting there, decomposed. Nobody had been to see whether he was recovering. That is why we raise these issues today.

Of course, a lack of regulation causes these poor conditions. Here we have a catalogue of atrocities that amounts to less of an American dream and more of an American nightmare. This is largely due to the lack of regulation in the tobacco farming industry. Labour standards are generally weaker in America. This, coupled with the inadequate resources provided at both state and federal level, means that it is near impossible to ensure that employment rights are enforced.

It is equally damaging that agricultural workers are excluded from the National Labor Relations Act, which denies them the fundamental right of the freedom of association. With no collective bargaining structures in place and with the precariousness of their employment, workers see no alternative to withstanding the appalling conditions and abusive treatment, particularly as many of them are undocumented workers, originally from central American countries, such as Guatemala and El Salvador, with the overwhelming majority hailing from Mexico.

FLOC, with its president Baldemar Velasquez, has for many years been playing a leading role in trying to get these abuses eradicated. It estimates that at least 20,000 tobacco farm workers are not unionised, in an industry where joining a union would be essential in providing the necessary protection in the workplace. With this in mind, it is of the utmost concern that, as workers in those tobacco fields supply companies such as British American Tobacco, many people in this country could be unwittingly supporting this form of modern slavery.

My hon. Friends the Members for Paisley and Renfrewshire North and for Birmingham, Erdington (Jack Dromey) met representatives from BAT on 29 October, and although BAT expressed sympathy with the workers in question, it refused to be proactive in regulating its own practices, as confirmed in writing in its letter of 10 November 2014. BAT has also ignored calls for it to use its influence as an owner and customer of Reynolds American to urge that company to sign up to the Dunlop Commission, a mechanism already in place in America, which would give guarantees to tobacco farm workers on Reynolds American contract farms, a source of tobacco for BAT.

BAT was prepared to meet colleagues who had been on the delegation, and others, but there seems to be some difference in views about how that meeting concluded. My hon. Friend the Member for Paisley and Renfrewshire North believes that although BAT listened it would not be happy to do very much about using its influence, as I have suggested. BAT says that the meeting was quite helpful. Does the Minister think that this is the way that a modern company should operate, waiting for legislation to compel it to protect employment rights and the human rights of tobacco farm workers on contract farms in its US supply chain?

Urgency is needed to tackle this issue. Worryingly, stories such as those I have mentioned from North Carolina are not uncommon. The reality is that, over the last decade, current measures have failed to tackle modern slavery in our supply chains. We have seen first hand how the lack of regulation of the industry in America breeds worker exploitation, so the focus must be on imposing regulations on all companies throughout the world that feed into supply chains in Britain. Companies should have to report on their working conditions and those of their suppliers, to ensure that we have transparency in our supply chains and that we can help reduce the risk of modern slavery.

We should be focusing on this issue through the Modern Slavery Bill, which is currently going through Parliament. We need to look at procedures for the investigation and monitoring of modern slavery risks, both in UK organisations and their global supply chains; we need support and access to remedy for victims of forced labour and modern slavery; and we need to train staff and suppliers to draw on expertise and advice to remove confusion over lines of accountability with companies down the chain. We need greater clarity in lines of accountability of businesses of all sizes, which could be achieved through introducing minimum reporting standards, effective scrutiny bodies and enforced penalties. These functions should be monitored as part of the anti-slavery commissioner’s duties.

Like most hon. Members in this House, I welcome the vital role played by the Gangmasters Licensing Authority in managing and mitigating risks of slavery in the food and agricultural sectors, but I urge its expansion to deal with other high-risk areas, such as fisheries, apparel, construction, cleaning, care and hospitality. All authorities responsible for inspection, monitoring and enforcement of labour standards should work proactively to identify abuses of labour standards and act effectively if modern slavery is found. Truly to tackle modern slavery, the Bill must address this.

Thousands of temporary workers in the UK fall between the cracks of labour inspection and regulation because they are not covered by the GLA. UK labour inspectorates should take proactive measures to ensure protection of workers from abusive and fraudulent recruitment practices. Companies should also seek to ensure that migrant workers do not pay a recruitment fee, including in their country of origin. These fees put them in debt bondage, which is a critical factor in forced labour and trafficking for labour exploitation.

In conclusion, I hope that the Minister shares the view that I have wholeheartedly expressed here, which is that Britain should not tolerate human rights abuses in our overseas supply chains or indeed modern slavery in any form—a view shared by many of my hon. Friends in the House. Does the Minister agree with me that freedom of association agreements would make all the difference in improving the rights of employees of multinational companies? Will the Minister support the extension of the GLA and its use as a model for good industrial relations practices?

Greater scrutiny and regulation in our supply chains are long overdue. We need to take a stand on the world stage to show that Britain will not profit from exploitation. With this in mind and Britain’s industrial reputation at stake, I invite the Minister to say why the UK does not insist on proper legally binding corporate social responsibility reporting, and why we do not push harder for better regulation at the international level to hold multinational companies to account. I finish by saying that anyone who saw the things that my hon. Friend the Member for Paisley and Renfrewshire North and I saw in the tobacco fields of North Carolina would be truly ashamed that the supply chain in the UK is contributing to modern-day slavery. Those individuals were treated like animals and worked like animals.